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Home My WebLink About1000-78.-2-37 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees From: MarkTerry, Principal Planner ~ LWRP Coordinator Date: August 17, 2009 Re: Wetland Permit for COYOTE PROPERTIES, LLC SCTM#78-2-37 En-Consultants, Inc. on behalf of COYOTE PROPERTIES, LLC requests a Wetland Permit to clear and maintain a 4' wide path through the existing buffer and construct a 4'X 40' fixed timber catwalk with stairs over the tidal marsh. Located: 2000 Glenn Rd., Southold. SCTM#78-2-37 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records · available to me, it is my recommendation that the proposed action 'is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. § 275-11 Construction and operation standards of the Southold Town Code prohibit the construction of new docks in West Creek over vegetated wetlands pursuant to: [3] Prohibited locations and activities. Iai No new docks will be permitted over vegetated wetlands or such that it causes habitat fragmentation of vegetated wet/ands in the following areas: Downs Creek, Ha/locks Bay, Hashamomuck Creek and Pond, Long Creek (branch of Mattituck Creek, East of Grand Avenue bridge), Pipe's Cove Creek and West Creek. [Amended 12-18- 2007 by L.L. No. 23-2007] Figure 1. Subject parcel located on West Creek {branch of Goose Creek). Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lod Hulse, Assistant Town Attorney Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM '~L/ INSTRUCTIONS 1. Allapplicantsf0rpermits*inchdingT0wn0fS0uth01dagencies,sha[lo0mpletethisCCAF f0r proposed actions that are subject ~0 the Town of S0uth01d W aterfr0nt Consistency Review Law. This assessmentisintendedt0supplement0therinf0rmati0nusedhyaT0wn0fS0uth01dagencyin m a k in g a d e t e r m in a ti0 n 0 f c 0 n s i ste n e y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area: 2. Be. fore answering the questions in Section C, the preparer of this form should review the exempt mnnor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suDDortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 78 A copy of the LWRP is available in the following places: online at the Town o£S~tl~old's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning DePa~e~t, all'local libraries and the Town Clerk's office. ? DESCRIPTION OF SITE AND PROPOSED ACTION 2 37 PROJECT NAME EDWARD KAVANAGH The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board [--'] Building Dept. [~ BoardofTrustees[~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: CLEAR & MAINTAIN A 4'-WIDE PATH THROUGH EXISTING BUFFER; AND CONSTRUCT A 4' X +/-40' FIXED TIMBER CATWALK WITH STAIRS OVER TIDAL MARSH, ALL AS DEPICTED ON THE PROJECT PLAN PREPAKED BY EN-CONSULTANTS, INC., DATED JUNE 1, 2009. Location of action: 2000 GLENN ROAD, SOUTHOLD Site acreage: 0.54 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: COYOTE PROPERTIES, LLC (b) Mailing address: C/O EDWARD KAVANAGH, MEMBER THREE SCHOOL STREET, SU1TE 207, GLEN COVE, NY 11542 (c) Telephone number: Area Code 516-674-0707 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No [~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. NYes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria F1 Yes F1 No Not Applicahic Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes [--] No ~] Not Applicable THE PROJECT lS LOCATED IN A DEVELOPED WATERFRONT COMMUNITY CHARACTERIZED BY NUMEROUS WATERFRONT ACCESS/DOCKAGE STRUCTURES. THE PROPOSED CATWALK IS A MINIMALLY DESIGNED, LOW-PROFILE STRUCTURE THAT WILL BE CONSISTENT IN CHARACTER WITH THE ADJACENT AND SURROUNDING WATERFRONT. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes ~ No ~ Not Applicable THE PROPOSED CATWALK WILL BE CONSTRUCTED WITH UNTREATED, FIBERGLASS-REINFORCED DECKING TO MIN1M1ZE THE USE OF TREATED MATERIALS ASSOCIATED WITH THE STRUCTURE. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No [-~ Not Ap01icable 2 GIVEN THE DEVELOPED CHARACTER OF THE SURROUNDING WATERFRONT AND NUMEROUS WATERFRONT ACCESS/DOCKAGE STRUCTURES, THE PROPOSED CATWALK WILL NOT RESULT IN THE "FRAGMENTATION OF ECOLOGICAL COMMUNITIES," NOR WILL CONSTRUCTION RESULT IN THE PHYSICAL LOSS, DEGRADATION, OR FUNCTIONAL LOSS OF ECOLOGICAL COMPONENTS. THE CATWALK WILL BE MINIMALLY DESIGNED (4" X 4" SUPPORT POSTS) OPEN-PILE CONSTRUCTION USING UNTREATED FIBERGLASS-REINFORCED, OPEN-SPACE DECKING (WITH 60% OPEN SPACE) TO ALLOW FOR LIGHT PERMEABILITY AND THE PERSISTENCE OF VEGETATION BENEATH IT. GENERALLY, THE PROJECT MEETS THE STATUTORY AND REGULATORY REQUIREMENTS OF ARTICLE 25 OR THE NY ECL AND CHAPTER 275 OF THE TOWN CODE. Attach additional sheets if necessary Policy 7. Protect and improve air qaality in the Town of Soathold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~] Yes ~] No[~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [~ No [~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~ Yes [~ No[~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Po. licy 10. Pro. tect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable ose of living mariue resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Z1 Yes Z1 No X Not ApplieaUe Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~] Yes ~] No [~ Not Applicable PREPARED BY '~,_ . . ROBERT'E. HERRMANN Amended on 8/1/05 TITLEcoASTALMGMTSPECIALIST DATE 6/2/09 40' Stone Orivewoy 2-STORY FRAME >- HOUSE Z o DF CLEARING PRBP. 4' x PROP. 4_'- pATH ",, FIXE9 TIHI~ER ' ' STAIRS EX. ~rrER~ _-' ~ - Eix:-CONSULTANTS, INC, 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 PR0f'05P. P CATWM. K ~, 51'AI1~5 POl~ COY01?. PI~OP~PI'I~5, LLC ON C~I~K, f:OUTHOI. P, .q~PobK CO., NY ~lP. lbl'l OF :2 ~-I ~nOH 'X~ Ei-,;-CONSULTANTS, INC, NORTH SEA ROAD .' O',jTH~!,;IPTON, NY 11968 PROPO5et) CAI'VV, N.K & 5fAIR5 POI~ COY01'~ Pl~Of'P. Iqll~5, LLC ON VVf.5f ¢I~I~K, 501J11-101.P, 5LIpPOLK CO,, NY 5P1~1' 20P 2 6-1-0~)